Challenge procedure
If the employee wants to return to work, they can request reinstatement in the position held before dismissal. Otherwise, the employment contract ends by law on the date the annulment decision becomes final.
If the job elimination and dismissal also caused moral damage and it is proven, you can claim moral damages. You can also claim court costs (lawyer fees, witness expenses, transport/accommodation, other necessary costs). These matters fall within the scope of labor law and may require specialized legal representation in employment disputes.
Content of the challenge
What the challenge must include
- Employee data: name, address, personal number, phone, email, bank account (if applicable).
- Employer data: name, registered office, and if known, trade register number or registration number for legal entities.
- Subject: annulment of the dismissal decision, payment of compensation, reinstatement, moral damages, court costs.
- Facts and legal grounds: all reasons the dismissal is unlawful or unfounded.
- Evidence: documents, interrogatory, witnesses, etc., proposed in the challenge (under penalty of preclusion), although in employment disputes the burden of proof lies with the employer.
The Tribunal's decision allowing or rejecting the challenge is enforceable and can be executed from the moment it is communicated to the party benefiting from it.
Find out how we can help you challenge a dismissal decision – consult our labor law services.